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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Page 94 of about 3,946 results (0.117 seconds)

Apr 10 2015 (HC)

Sindhu George Vs. The Passport officer

Court : Kerala

..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....

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Apr 10 2015 (HC)

Sindhu George Vs. The Passport officer

Court : Kerala

..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....

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Apr 10 2015 (HC)

Sindhu George Vs. The Passport officer

Court : Kerala

..... be challenged as she is deemed to be a citizen of india.17. it is true that the petitioner's minor daughter was not ..... petitioner was born in u.s, she had to come to india at the age of 10. by registration as per section 7a of the act, the petitioner shall be deemed to be a citizen of india. therefore, by virtue of article 8 of the constitution read with section 7a of the citizenship act, the competency of the petitioner to approach this court cannot ..... inter-country adoption of indian children, and also in the matter of tariffs in air fares in domestic sectors in india.15. article 8 of the constitution of india deals with the rights of citizens of certain persons of indian origin residing outside india. it reads as follows: "notwithstanding anything in article 5, any person who or either of whose parents or any of ..... born in a legal wedlock. however, the child was born in india. every person is born .....

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Mar 26 2014 (HC)

Rezia Khatun, Assam Vs. The Union of India, Represented by the Ministr ...

Court : Guwahati

..... is shown to be a perverse finding or the finding being not based on the evidence on record. the writ court exercising extra ordinary jurisdiction under article 226 of the constitution of india cannot sit on appeal over the findings of facts recorded by the tribunal. needless to say that this court exercising its jurisdiction under article 226 of the ..... nessa). in the voter list of 1997, one pertaining to village simulbari and the other bhatkhowa, the petitioners age is shown as 20 and 30 years, respectively. to prove ones citizenship as envisaged u/s 9 of the foreigners act, 1946, the proceedee will have to discharge the burden of proof with cogent and trustworthy evidence. as discussed in the impugned ..... legal principle that the facts which are peculiarly within the knowledge of a person should prove it and not the party who avers the negative. ? 7. the issue relating to citizenship, particularly in assam, will have to be considered keeping in mind that there is large scale illegal migration of bangladeshi nationals to assam. in this connection, the apex court has ..... is good and sound reason for placing the burden of proof upon the person concerned who asserts to be a citizen of a particular country. in order to establish ones citizenship, normally he may be required to give evidence of (i) his date of birth, (ii) place of birth, (iii) name of his parents, (iv) their place of birth and .....

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Jan 31 1951 (HC)

Atau Raheman Vs. the State of Madhya Pradesh and anr.

Court : Mumbai

Reported in : 1952CriLJ580

..... be found in part in. further, article 11 of the constitution confers power on parliament to makeany provision with respect to the acquisition and termination of ..... citizenship and all other matters relating to citizenship.so wide and extensive a power, would, in our opinion ..... would apply to the citizens of india, equally with those who are not citizens of india. there is no doubt that the constitution guarantees several freedoms to a citizen but it does not guarantee that a person who is once a citizen of india will always continue to be a citizen of india. indeed 'citizenship' occurs in part ii of the constitution whereas fundamental rights are to .....

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Sep 26 1977 (HC)

Mohd. YasIn Khan Vs. State

Court : Allahabad

Reported in : 1978CriLJ208

..... re-entered and was then prosecuted and deported. when the applicant himself declared that he had left india in 1947, it would mean that he was not an indian citizen on 26-1-1950 when the constitution of india came into force. it is not a case in which it can be said that he was ..... fat p. 621 of air)it is only where there is proof that a person is. to start with, a citizen of india and it is alleged that he has lost his indian citizenship by reason of acquiring the nationality of foreign state that any question of invoking the provisions of section 9(2) of the ..... originally an indian citizen under the constitution and then lost his nationality thereafter. in that case only a decision by the central government might have been necessary under p 9 of the indian citizenship act and ..... april, 1957. on those facts there is no question of section 9(2) of the citizenship act being invoked or coming into play, the offence charged was that having been deported once out of india he again entered india without proper travel documents in violation of the provisions of section 8(2) of the foreigners act. ..... citizenship act arises. that is not the case here. the case of the prosecution was that the appellant was a pakistani national who had come over to india on a valid pakistani passport in 1957 and had been legally de-1978 cri. .....

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Jan 18 1971 (HC)

The State of U.P. Vs. Shamsul Huda

Court : Allahabad

Reported in : 1971CriLJ977

..... 'migration' and deals only with voluntary acquisition of citizenship of a foreign state before the constitution came into force. cases of voluntary acquisition of foreign citizenship after the commencement of the constitution have to be dealt with by the government of india under the citizenship act, 1955.section 7(3)(iii) of the ..... it was held that the respondent was a foreigner and was a citizen of pakistan. under section 9(2) of the citizenship act, 1955 the said determination is final. in kulathil mammu v. state of kerala : 1966crilj1217 it had been held:article 9 does not ..... 7(5)(iii) of the foreigners order or violates any provision contained in the foreigners act h notice calling upon him to leave india shall precede before he is prosecuted for the same. the aforesaid decision of the learned single judge was confined to the facts of ..... foreigners order, 1948 reads as under:every foreigner to whom a permit is issued under sub-section (1) or sub-paragraph (2) shall, unless the period indicated in the permit is extended by the central government, depart from india ..... on 5-4-1963 that the respondent had entered into india on a pakistani passport dated 3-4-1963. he had thereafter obtained requisite permit which was to expire on 4-5-1963. the question concerning the citizenship of the respondent was determined by the central government when .....

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Apr 17 1956 (HC)

Hem Chandra Sen Gupta and ors. Vs. the Speaker of Legislative Assembly ...

Court : Kolkata

Reported in : AIR1956Cal378,60CWN555

..... passed on 26-11-1949. the bulkof it came into operation on 26-1-1950, which is described as the 'commencement of the constitution'. 3. according to article 1 of the constitution, india, that is bharat, shall be a union of states. the states and the territories thereof shall be the states and their' territories specified in parts a, b ..... for the whole country and there cannot be a double citizenship, namely, a citizenship of the union and a citizenship of the state.it is interesting in this connection to observe the difference between the objectives resolution passed ..... sovereign states. in fact, it was drawn up by a few eminent men, who drew their inspiration from the government of india act, 1935, the constitution of the united states, the constitution of australia, the constitution of eire, and the constitution of canada. one must, however, clearly bear in mind the distinction between calling a component state, an autonomous sovereign state, ..... of india. the constitution is federal in form but it is not a federation based -upon agreement of the component states.unlike the american constitution, the component states are not, and never have been, independent units. there is no such tiling as a citizen of west bengal, although the petitioners describe themselves as such. the constitution recognises only one form of citizenship .....

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Sep 08 1995 (TRI)

In Re: No. P/6 of 1995

Court : Authority for Advance Rulings

Reported in : (1998)234ITR371AAR

..... ; air 1963 sc 1811.the question before the supreme court in that case was whether the corporation could be considered to be a "citizen" of india for purposes of article 19 of the constitution and the constitution bench answered this question in the negative. the arguments on behalf of the petitioner started with the citation of a rule of english law "that a ..... that this did not conclude the issue of citizenship. it is not possible, particularly in view of hidayatullah j.'s observation cited above, to regard the decision as conclusively establishing that a corporation should be treated as a national ..... to say that even if it be established that a corporation possesses indian nationality this has not the result which is contended for namely that all or any of the citizenship rights arise." 48. shah j. (as he then was) also refers to the english rule on the issue as a starting point (para. 90) and then proceeds to point out ..... a nationality and the nationality is determined by the law of the country in which it is corporated" and this rule was sought to be extended to the concept of citizenship as well but this attempt did not succeed as the court was of the view that the two concepts were totally different. though the court cited the rule of english .....

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Apr 13 2006 (HC)

Biram Majhi Vs. Pramila Giri Alias Nayak

Court : Orissa

Reported in : AIR2006Ori124

..... a foreign country, ceased to be a citizen of india. the supreme court, no doubt held that whatever may be the proceeding in which he question of loss of citizenship of a person arised for consideration, the decision in that proceeding on the said question should depend upon the decision of the authority constituted for determining the said question under section 9(2 ..... ) of the citizenship act, 1955. but, however, the supreme court presuming that the high court has jurisdiction to decide the said question held that the allegation made in the election ..... petition regarding acquisition of citizenship of a foreign country by the respondent were wholly inadequate to record any finding in favour of the appellant since it is not shown that there is any provision in ..... our law which provides that a person would automatically lose his indian citizenship on his marriage with a person who is a citizen of a foreign country or by acquiring property in a foreign country.however, in the present case, the primary question .....

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